4E.2  Permitted Activity Rules

Note: Activities may also be subject to other acoustic requirements under other rules in Chapter 4, Section 4E - Purpose of Noise Provisions.

Note: The requirements of Clause G4 of the New Zealand Building Code will apply at the same time as to the requirements of Rule 4E.2.5 Managing Reverse Sensitivity Effects on the Strategic Road network; (excluding secondary arterial roads) or New Zealand Transport Agency Designation.

1. For properties within the NZTA (New Zealand Transport Agency) Reverse Sensitivity Plan Area shown on the Plan Maps (Part B):
   1. Any new dwelling shall meet an internal road-traffic design sound level of 40dB L_Aeq(24h) inside all habitable rooms with ventilating windows open:
   2. Any addition, extension or alteration to an existing dwelling (excluding garaging) which exceeds 25% of the existing gross floor area shall be designed and constructed to achieve a maximum internal road-traffic design sound level of 40dB L_Aeq(24h) inside all habitable rooms being added to, altered or extended with ventilating windows open; and
2. An acoustics design report from a suitably qualified and experienced acoustics expert shall be provided to the Council demonstrating compliance with Rule 4E.2.5 a) Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation prior to the commencement of construction; or
3. New dwellings or additions, extensions or alteration to an existing dwelling which exceed 25% of the existing gross floor area shall comply with the following:
   1. The windows of all habitable rooms shall be constructed with glazing that includes a laminated pane that is at least 6.38mm thick and covers the glazed area; and
   2. A ventilation system shall be installed in accordance with Rule 4E.2.5 d) Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or New Zealand Transport Agency Designation.

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      Note: An acoustic design report will not be required for compliance with Rule 4E.2.5 c) Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation

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4. A ventilation system installed under Rule 4E.2.5 c) ii) - Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation shall comply with one of the following;
   1. Consist of an air conditioning unit(s) provided that the noise level generated by the unit(s) must not exceed 40dB L_Aeg(30s) in the largest habitable room (excluding bedrooms) and 35dB L_Aeg(30s) in all other habitable rooms; when measured 1 metre away from any grille or diffuser; or
   2. A system capable of providing at least 15 air changes per hour in the largest habitable room (excluding bedrooms) and at least 5 air changes per hour in all other habitable rooms; and
   3. The noise level generated by the system must not exceed 40dB L_Aeg(30s) in the largest habitable room (excluding bedrooms) and 35dB L_Aeg(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and
   4. The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation; and
   5. Where a high air flow rate setting is provided, the system must be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the high setting.
5.  Rule 4E.2.5 a), b) and c) - Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation do not apply to any new residential dwelling or addition, extension or alteration to an existing residential dwelling if;
   1. The nearest façade of the dwelling is at least 50 metres from any strategic road (excluding secondary arterial roads) and there is a solid building, fence, wall or landform that blocks the line of sight from all parts of all windows and doors to habitable spaces to any part of the road surface of any strategic road (excluding secondary arterial roads): or
   2. It can be demonstrated by way of prediction or measurement by a suitably qualified and experienced acoustics expert that the road-traffic noise level from any strategic road (excluding secondary arterial roads) is less than 55 dB L_Aeg(24h) on all facades of any addition, extension or alteration, or new dwelling which fronts a strategic road (excluding secondary arterial roads).

4E.2.6 The Rail Network – Managing Reverse Sensitivity Effects

Note: Activities may also be subject to other acoustic requirements under other rules in Chapter 4, Section 4E – Noise.

Note: The requirements of Clause G4 of the New Zealand Building Code will apply at the same time as to the requirements of Rule 4E.2.6 – The Rail Network – Managing Reverse Sensitivity Effects.

1. For noise sensitive activities within the KiwiRail Reverse Sensitivity Plan Area shown on the Plan Maps (Part B):
   1. Any new dwelling shall meet an internal rail traffic design sound level of 40dBL_Aeq(1h) inside all habitable rooms except for bedrooms which shall achieve an internal rail traffic design sound level of 35dBL_Aeq(1h) with at least one ventilating window open;
   2. All other noise sensitive activities shall meet an internal rail traffic design sound level of 40dBL_Aeq(1h) with at least one ventilating window open;
   3. Any addition, extension or alteration to an existing noise sensitive activity which exceeds 10% of the existing gross floor area shall be designed and constructed to achieve a maximum internal rail traffic design sound level of 40dBL_Aeq(1h) inside all habitable rooms (except for bedrooms which shall achieve an internal rail traffic design sound level of 35dBL_Aeq(1h)), classrooms or consultancy rooms being added to, altered or extended with at least one ventilating window open; and
2. For residential activities and visitor accommodation within the KiwiRail Reverse Sensitivity Plan Area an acoustics design report from a suitably qualified and experienced acoustics expert shall be provided to the Council demonstrating compliance with Rule 4E.2.6 a) – The Rail Network – Managing Reverse Sensitivity Effects prior to the commencement of construction;
3. New noise sensitive activities or extensions or alterations to an existing noise sensitivite activity which exceed 10% of the gross floor area shall comply with the following:
   1. The windows of all habitable rooms shall be constructed with glazing that includes a laminated pane that is at least 6.38mm thick and covers the glazed area; and
   2. A ventilation system shall be installed in accordance with Rule 4E.2.6 d) - The Rail Network - Managing Reverse Sensitivity Effects.
4. A ventilation system installed under Rule 4E.2.6 c) ii) – The Rail Network – Managing Reverse Sensitivity Effects shall comply with one of the following:
   1. Consist of an air conditioning unit(s) provided that the noise level generated by the unit(s) must not exceed 40 dB L_Aeq(30s) in the largest habitable room (excluding bedrooms) and 35 dB L_Aeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; or
   2. A system capable of providing at least 15 air changes per hour in the largest habitable room (excluding bedrooms) and at least 5 air changes per hour in all other habitable rooms; and
   3. The noise level generated by the system must not exceed 40 dB L_Aeq(30s) in the largest habitable room (excluding bedrooms) and 35 dB L_Aeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and
   4. The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation; and
   5. Where a high air flow rate setting is provided, the system must be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the high setting.

4E.2.7 Port Industry Zone and Noise Control Boundary Requirements

1. The long-term average sound level (Ldn) from all activities within the Port Industry Zone shall not exceed 55 dBA at any point outside the 55 dBA noise control boundary (Diagram 4, Section 5, Plan Maps Part B), nor 65 dBA at any point outside the 65 dBA noise control boundary;
2. No single 15-minute sound measurement level shall exceed 65 dBA L_eq between 2200 and 0700 at any point outside the 65 dBA noise control boundary;
3. The night-time maximum sound level (L_max) shall not exceed 85 dBA at any point outside of the 65 dBA noise control boundary;
4. Between the 55 dBA L_dn and 65 dBA L_dn noise control boundaries (Diagram 4, Section 5, Plan Maps Part B), additions to existing buildings beyond 25% of existing gross floor area, new residential activities, visitor accommodation, homestay, schools and tertiary education premises and health centres shall meet the following requirements:
   1. All habitable room(s) shall be designed by a suitably qualified acoustic engineer to achieve 45 dBA L_dn within that room. Where exterior windows and/or doors need to be closed to achieve this internal level a ventilation system shall be provided that is capable of providing an airflow that is controlled within the range of 5 to 10 air changes per hour throughout the habitable rooms of the building. For the avoidance of doubt the internal design of 45 dBA L_dn shall include noise from both the Port Industry Zone and any ventilation system operating at its design rating.
5. Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS6809:1999 Acoustics Port Noise Management and Land Use Planning.

4E.2.8 Special Use Zone – Baypark

1. All activities, including any temporary activity (but not Military Training Activities), shall not exceed the following noise levels within the boundary of any site within a Suburban Residential, Rural or Rural Marae Community Zone:

   Control Hours	Noise Level
   daytime	55 dBA Leq
   night-time	45 dBA Leq and 70 dBA Lmax

   
   unless otherwise specified in Rule 20A.3.8 - Special Baypark Permitted Activity Rules – Speedway Racing, Activities and Events and Rule 20A.3.9 - Special Baypark Permitted Activity Rules – Activities and Events (other than Speedway Racing, Activities and Events).
2. The noise level from activities within the Special Use Zone - Baypark shall not exceed the following limits within the boundary of any site zoned Industrial;

   Control Hours	Noise Level
   At any time	65 dBA Leq
   night-time	85 dBA Lmax

3. Rule 4E.2.8 a) – Special Permitted Activity Rules Speedway Racing, Activities and Events shall not apply to helicopter landing and takeoff associated with hospital emergencies and civil defence emergencies;
4. All sound levels shall be measured in accordance with NZS 6801:2008 Accoustics - Measurement of Environmental Sound and assessed in accordance with NZS 6801:2008 Accoustics - Environmental Noise, unless otherwise specified in Chapter 20: Special Use Zone - Baypark.

4E.2.9 Airport Noise

1. Aircraft operations at Tauranga Airport within the Tauranga Airport Designation (Number C101) shall be conducted to ensure that the sound level (L_dn) does not exceed 65 dBA at, or outside, the Air Noise Boundary as shown on Diagram 3, Section 5, Plan Maps (Part B);
2. The daily Lb_dn shall be measured in accordance with the methods described in NZS 6805:1992 Airport Noise Management and Land-Use Planning and shall be averaged logarithmically over a 3-month period.

4E.2.10 Open Space Zones

1. The noise level from all activities in these zones shall not exceed the following noise limits within the boundary of Residential Zones, the Future Urban Zone or the Rural Residential Zone

   Control Hours	Noise Level
   daytime	45 dBA Leq
   night-time	35 dBA Leq and 55 dBA Lmax

2.  Rule 4E.2.10 a) – Open Space Zones shall not apply to outdoor recreational activities provided for as Permitted Activities in these zones;
3. Every activity shall be conducted to ensure the activity, as well as traffic and people movement generated by the activity, is limited to between 0700 and 2200 Sunday to Thursday, and 0700 and 2400 Friday and Saturday;
4. All activities within Tauranga Bridge Marina and Tauranga Marina
   1. shall not exceed the following limits, either at or within the boundary of the Residential Zones.

      Control Hours	Noise Level
      daytime	50 dBA Leq
      night-time	40 dBA Leq and 70 dBA Lmax

   2. shall be conducted to ensure noise from the site shall not exceed the following limits:

      Control Hours	Noise Level
      At any time	65 dBA Leq
      night-time	85 dBA Lmax

5. Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.11 Education Centre Zones

1. The noise level from all activities, shall not exceed the following limits within the boundary of any other site in any other zone other than a Commercial Zone or Industrial Zone:

   Control Hours	Noise Level
   daytime	50 dBA Leq
   night-time	40 dBA Leq and 70 dBA Lmax

2. Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.12 Road Zone

1. Activities in the Road Zone are not subject to any noise restrictions except where Rule 4E.2.13 – Cabinets within the Road Zone applies;

4E.2.13 Cabinets within the Road Zone

1. Cabinets located within the Road Zone that adjoin any:
   1. Sensitive Zone;
   2. Outstanding Natural Features and Landscape;
   3. Important Amenity Landscape;
   4. Special Ecological Area
      shall not exceed the following limits within the boundary of those sites:

      Control Hours	Noise Levels
      daytime	50 dBA Leq
      night-time	40 dBA Leq and 65 dBA Lmax

2. Cabinets located within the Road Zone that do not adjoin any:
   1. Sensitive Zone;
   2. Outstanding Natural Features and Landscape;
   3. Important Amenity Landscape;
   4. Special Ecological Area
      shall not exceed the following limits within the boundary or any other site:

      Control Hours	Noise Level
      At any time	60 dBA Leq
      night-time	65 dBA Lmax

3. Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.14 Construction Noise

1. Construction noise from a site in any zone within the City shall not exceed the limits recommended in, and shall be measured and assessed in accordance with, NZS 6803:1999 Acoustics Construction Noise;
2. For construction activities being undertaken from 20 December - 10 January (inclusive) within the Mount Maunganui area from Adams Avenue to Grace Avenue, noise levels shall not exceed Rule 4E.2.1 - Residential Zones and Rural-Residential Zone.